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16SN0712 CASE NUMBER: 16SN0712 (AMENDED) APPLICANT: Allen Kidd CHESTERFIELD COUNTY, VIRGINIA STAFF’S ANALYSIS Magisterial District: CLOVER HILL 200 North Arch Road AND RECOMMENDATION Board of Supervisors (BOS) Public Hearing Date: SEPTEMBER 28, 2016 BOS Time Remaining: 365 DAYS Applicant’s Agent: JACK R. WILSON, III, PLC (804-425-9474) Applicant’s Contact: ALLEN KIDD (804-937-6965) Planning Department Case Manager: RYAN RAMSEY (804-768-7592) APPLICANT’S REQUEST Request I (Amended): Conditional use to permit a single-family dwelling on 2.0 acres in a Corporate Office (O-2) District. Request II (Amended): Amendment of zoning (Case 01SN0245) on 3.0 acres relative to buffers in a Corporate Office (O-2) District. The Ordinance limits occupancy of a single family dwelling located on O-2 property to the owner/operator of an on-site business. Originally constructed for this purpose, occupancy of the dwelling no longer meets this restriction. Continued use of the dwelling without a limitation on occupancy is planned. In addition, both properties are subject to buffer provisions adjacent to Shenandoah subdivision. Modification of this buffer requirement is requested until such time as new office development occurs on either or both properties. Notes: A.Conditions may be imposed or the property owner may proffer conditions. B.Proffered conditions, an exhibit and previously approved proffered conditions are located in Attachments 1 - 3. Providing a FIRST CHOICE community through excellence in public service RECOMMENDATIONS Request I (Conditional Use)-RECOMMEND APPROVAL Limitations on dwelling improvements would prohibit further PLANNING expansion of residential use COMMISSION Continues to permit redevelopment of site for office uses (8/16/2016) Request II (Amendment to Buffer) - RECOMMEND APPROVAL Request I (Conditional Use)-RECOMMEND DENIAL Plan suggests office, not residential uses, as appropriate land use transition along Arch Road (major arterial) While proffered conditions limit dwelling improvements, lack of an occupancy limitation would permit transfer of residential use, potentially impacting future redevelopment for office use STAFF Request II (Amendment to Buffer) - RECOMMEND APPROVAL Modification continues to require installation of 50 foot buffer with any future office development/redevelopment Existing fence and landscaping provide adequate separation and screening from existing residential development 216SN0712-2016SEP28-BOS-RPT SUMMARY OF IDENTIFIED ISSUES Department Issue While Plan suggests office uses, request seeks continuation of residential use by: not limiting occupancy of the dwelling permitting reconstruction of the dwelling under certain circumstances PLANNING allowing replacement of existing residential accessory structures Preservation of residential use could adversely impact a coordinated redevelopment plan in tandem with adjacent O-2 property, as intended with the 2001 rezoning FIRE - CDOT - VDOT - UTILITIES - ENVIRONMENTAL - ENGINEERING 316SN0712-2016SEP28-BOS-RPT 416SN0712-2016SEP28-BOS-RPT Map 2: Comprehensive Plan Classification: NEIGHBORHOOD OFFICE The designation suggests the property is appropriate for professional and administrative offices or similar uses. Typical uses could include doctor, lawyer, accountant and real estate offices. Map 3: Surrounding Land Uses & Development Midlothian Turnpike Single-family Residential (Shenandoah) Commercial or Office Uses Arboretum Parkway Arboretum Office Park North Arch Road 516SN0712-2016SEP28-BOS-RPT PLANNING Staff Contact: Ryan Ramsey (804-768-7592) ramseyrp@chesterfield.gov ZONING HISTORY Case Number BOS Action Request Conditional Use to permit the conversion of residence into Approved 89SN0155 an office on 1.3 acres (including a portion of the request (04/26/1989) properties) in an A District. Amendment of Conditional Use (Case 89SN0155) to revise Approved the previous plan of development to permit the 99SN0267 (07/28/1999) construction of single-family dwelling in tandem with the office building. Rezoning from A to O-2 of 5.6 acres, including the request Approved properties, with uses limited to those permitted by right 01SN0245 (02/27/2002) or with restrictions in the O-1 District. Attachment 3 USE HISTORY In 1989, a conditional use was approved for the conversion of an existing single-family dwelling into an insurance office (known as 222 North Arch Road, Exhibit A) on property zoned Agricultural (A). In 1999, an amendment tothe development plan approved with Case 89SN0155 allowed the construction ofa new dwelling (known as 200 North Arch Road, Exhibit A) on property occupied by the insurance office. Occupancy ofthis new dwelling was limited to the owner/operator or employee of the insurance business. In 2002, a rezoning from Agricultural (A) to Corporate Office (O-2) District removed the conditions of zoning from 1989 and 1999 to permit redevelopment of these properties and an adjacent parcel to the south for office uses. Uses were restricted to those uses permitted by right or with restrictions in the Neighborhood Office (O-1) District. In the O-1 District, a dwelling unit for the owner/operator of a business on the property is a permitted use. As such, the dwelling continued as a permitted use under this occupancy limitation. PROPOSAL The applicant requests a conditional use to permit a single-family dwelling in a Corporate Office (O-2) District (Request I) and modification to an existing buffer requirement (Request II). Continuation of these uses (insurance office building and single-family dwelling) is planned. All other previously approved conditions of zoning will remain in effect on the properties. SINGLE FAMILY DWELLING (REQUEST I) Theexisting dwelling (200 North Arch Road) is currently occupied by the applicant’s son, who does not own, operate or work as an employee for the adjoining insurance business. This does not meet restrictions of the ordinance limiting occupancy of the dwelling to the owner/operator of a business on the property. Approval of this request would remove this occupancy restriction, bringing the use into compliance with ordinance requirements. Proffered conditions would allow this residential use to transfer to others untilsuch time as redevelopment occurs for a permitted 616SN0712-2016SEP28-BOS-RPT office use. Limitations on replacement of the dwelling and accessory buildings have been offered by the applicant to restrict further expansion of residential uses on the property.Even with these limitations, approval of this request would encourage continued residential use along this corridor rather than promoting redevelopment for office uses as suggested by the Plan. BUFFER (REQUEST II) New construction of an accessory building at 200 North Arch Road has triggered the zoning requirement for the installation of a fifty (50) foot buffer adjacent to the Shenandoah Subdivision. The applicant is seeking to delay the installation of this buffer until office redevelopment occurs on the property. In the interim, an existing six (6) and eight (8) foot fence and row of evergreen landscaping would be maintained along the western property line, as shown on Exhibit A. As proffered, the existing fence and landscaping would provide sufficient screening and separation of the residential and insurance office uses from the single-family dwellings in Shenandoah. The following provides an overview of conditions proffered by the applicant to minimize the impact of the existing residential and office uses on area properties: General Overview Requirements Details 50’ buffer adjacent to western property line, installed Buffer with any new office development. Proffered Condition 1 One single-family dwelling permitted on property (GPIN Use (Single-Family Dwelling) 752-705-2726). Proffered Condition 2 No additions or alterations permitted to existing structures, shown on Exhibit A Additions or Alterations Prohibits additional accessory structures Permits normal maintenance of existing structures Proffered Condition 2.a, Exhibit A No replacement of dwelling if removed Permits rebuilding/repairing of dwelling if damaged by natural causes or accidental fire Replacement of Dwelling or Permits replacement of existing accessory buildings, if Accessory Buildings removed; with redevelopment for new office use, all accessory buildings to be removed Proffered Condition 2.b Maintainexisting 6’ and 8’ fence along the western Fence property line. Proffered Condition 2, Exhibit A Maintain existing row of evergreen trees along the Landscaping western property line. Proffered Condition 2, Exhibit A 716SN0712-2016SEP28-BOS-RPT PUBLIC FACILITIES FIRE SERVICE Staff Contact: Anthony Batten (717-6167)battena@chesterfield.gov Nearby Fire and Emergency Medical Service (EMS) Facilities Fire Station The Buford Fire Station, Company Number 9 EMS Facility The Forest View Volunteer Rescue Squad This request will have minimal impact on Fire and EMS. COUNTY DEPARTMENT OF TRANSPORTATION Staff Contact: Jim Banks (804-748-1037) banksj@chesterfield.gov The County Department of Transportation has no comment on this request. VIRGINIA DEPARTMENT OF TRANSPORTATION Staff Contact: Brian Lokker (804-674-2384) brian.lokker@vdot.virginia.gov VDOT Land Use Regulations - Traffic Impact Analysis (24VAC30-155) - Access Management (24VAC30-73) - Subdivision Street Acceptance (24VAC30-91/92) - Land Use Permit (24VAC30-151) VDOT has no comment on this case. Summary 816SN0712-2016SEP28-BOS-RPT WATER AND WASTEWATER SYSTEMS Staff Contact: Jamie Bland (804-751-4439) blandj@chesterfield.gov Theproposal’s impacts on the County’s utility system are detailed in the chart below: Water and Wastewater Systems Currently Size of Existing LineConnection Required by County Code? Serviced? Water Yes 16”Yes Wastewater Yes 10”Yes Additional Information: The proposed request will not adversely impact the public water and wastewater systems. ENVIRONMENTAL ENGINEERING Drainage, Erosion and Water Quality Staff Contact: Rebeccah Ward (748-1028) wardr@chesterfield.gov Stormwater Issue Discussion/Conditions Property is located within the Falling Creek Watershed Geography Drains to Pocoshock Creekvia existing roadside and manmade ditches If greater than 2,500 square feet of total land disturbance will occur as a Erosion and result of any proposed improvements, a land disturbance permit will be Sediment Control required. If greater than 2,500 square feet will be disturbed with any proposed Stormwater improvements, the project will be subject to Part IIB technical criteria of Management the Virginia Stormwater Management Program Regulations. 916SN0712-2016SEP28-BOS-RPT CASE HISTORY Applicant Submittals 4/11/16 Application submitted 6/23/16 Application and proffered conditions were revised and resubmitted 8/4/16 Revised proffered conditions were submitted Community Meeting 6/23/16Issues Discussed Concern was expressed by the community by previous businessuses conducted on the property Applicant has ceased business use from operating within the dwelling Visibility of accessory buildings from adjoining properties Desire to have existing fence and landscaping maintained until redevelopment occurs Planning Commission Meetings 6/21/16 Commission Discussion The Commission noted their desire to defer this case sixty (60) days, with the applicant’s consent, to allow the applicant time to modify the request and conduct a community meeting. Action – DEFERRED TO AUGUST 16, 2016 1016SN0712-2016SEP28-BOS-RPT Planning Commission Meetings (Continued) 8/16/16 Citizen Comments Two (2) citizens spoke to the request relative to concerns that a business continues to operate on the residential property (200 North Arch Road). The applicant’s representative stated that the operation of a business on the property has ceased, business-related equipment has been removed, and the zoning violation has been resolved. Commission Discussion Ms. Freye obtained confirmation from the applicant’s representative that the existing detached garage is used as an accessory building for the existing residenceonly. The Commission noted their support for the case: Proffered conditions address adjoining property owners desire to o maintain existing fence and landscaping adjacent to the Shenandoah neighborhood Opposition to the existing residential use was not expressed by o neighbors Request allows property to be used for residential purposesuntil o such time it can be redeveloped for office uses. Recommendation – APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS IN ATTACHMENT 1 Motion: Freye Second: Sloan AYES: Wallin, Sloan, Frye, Jackson and Jones The Board of Supervisors on Wednesday, September 28, 2016, beginning at 6:30 p.m., will consider this request. 1116SN0712-2016SEP28-BOS-RPT ATTACHMENT 1 PROFFERED CONDITIONS Note: The following conditions were recommended by the Planning Commissiononly The property owner and applicant in this case, pursuant to Section 15.2-2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for themselves and their successors and assigns, proffer that the property under consideration (the "Property") will be developed according to the following proffers if, and only if, the request submitted herewith is granted with only those conditions agreed to by the owner and applicant. In the event this request is denied or approved with conditions not agreed to by the owner and applicant, the proffers shall immediately be null and void and of no further force or effect. The Applicant hereby amends Proffered Condition 10 of Case 01SN0245 to read as follows: 1.Buffer. With any new office development, a fifty (50) foot buffer shall be provided along the western property line in accordance with the requirements of the Zoning Ordinance. (P) (Note: Except as amended herein, all previous conditions of zoning approved in Case 01SN0245 shall remain in full force and effect.) 2. Single-Family Dwelling. One (1) single-family dwelling shall be permitted on the property known as GPIN 752-705-2726 with the following provisions. Additions or Alterations. No additions or alterations to the existing structures a. shall be permitted, as shown on Exhibit A. Further, any additional accessory buildings shall be prohibited on the property. This condition shall not preclude normal maintenance for existing improvements or repairs as required by building code. Replacement of Dwelling & Accessory Buildings. b. The dwelling shall not be replaced once it is removed from the property. i. This condition shall not preclude rebuilding or repairing of the dwelling that is damaged by a natural disaster or other act of God, or an accidental fire. If any accessory buildings are removed prior to any new office ii. development on the property occurs, the accessory buildings may be replaced. With the commencement of any new office development, all of the existing accessory structures shall be removed from the property. Fence. The existing six (6) and eight (8) foot tall fence along the western property c. line, as shown on Exhibit A, shall be maintained. 1216SN0712-2016SEP28-BOS-RPT d. Landscaping. A row of existing evergreens trees along the western property line, as shown on Exhibit A, shall be maintained.(P) 1316SN0712-2016SEP28-BOS-RPT ATTACHMENT 2 EXHIBIT A 1416SN0712-2016SEP28-BOS-RPT ATTACHMENT 3 PROFFERED CONDITION 10 (CASE 01SN0245) 1516SN0712-2016SEP28-BOS-RPT